Bill Text: IL SB1422 | 2017-2018 | 100th General Assembly | Enrolled


Bill Title: Amends the Criminal Code of 2012. Provides that the prosecution shall not be required to prove at trial facts which extend the general limitations or establish periods excluded from the general limitations, when the facts supporting extension of or the exclusion from the period of general limitations are properly pled in the charging document. Provides that any challenge relating to the extension of or exclusion from the general limitations period shall be exclusively conducted under the dismissal of charges provisions of the Code of Criminal Procedure of 1963. Amends the Code of Criminal Procedure of 1963. Provides that when a defendant seeks dismissal of the charge upon the grounds that it is barred by the statute of limitations, the prosecution shall have the burden of proving, by a preponderance of the evidence, that the prosecution of the offense is not barred by the statute of limitations.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Enrolled) 2017-06-29 - Sent to the Governor [SB1422 Detail]

Download: Illinois-2017-SB1422-Enrolled.html



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1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Criminal Code of 2012 is amended by changing
5Sections 3-6 and 3-7 as follows:
6 (720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
7 Sec. 3-6. Extended limitations. The period within which a
8prosecution must be commenced under the provisions of Section
93-5 or other applicable statute is extended under the following
10conditions:
11 (a) A prosecution for theft involving a breach of a
12fiduciary obligation to the aggrieved person may be commenced
13as follows:
14 (1) If the aggrieved person is a minor or a person
15 under legal disability, then during the minority or legal
16 disability or within one year after the termination
17 thereof.
18 (2) In any other instance, within one year after the
19 discovery of the offense by an aggrieved person, or by a
20 person who has legal capacity to represent an aggrieved
21 person or has a legal duty to report the offense, and is
22 not himself or herself a party to the offense; or in the
23 absence of such discovery, within one year after the proper

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1 prosecuting officer becomes aware of the offense. However,
2 in no such case is the period of limitation so extended
3 more than 3 years beyond the expiration of the period
4 otherwise applicable.
5 (b) A prosecution for any offense based upon misconduct in
6office by a public officer or employee may be commenced within
7one year after discovery of the offense by a person having a
8legal duty to report such offense, or in the absence of such
9discovery, within one year after the proper prosecuting officer
10becomes aware of the offense. However, in no such case is the
11period of limitation so extended more than 3 years beyond the
12expiration of the period otherwise applicable.
13 (b-5) When the victim is under 18 years of age at the time
14of the offense, a prosecution for involuntary servitude,
15involuntary sexual servitude of a minor, or trafficking in
16persons and related offenses under Section 10-9 of this Code
17may be commenced within one year of the victim attaining the
18age of 18 years. However, in no such case shall the time period
19for prosecution expire sooner than 3 years after the commission
20of the offense.
21 (c) (Blank).
22 (d) A prosecution for child pornography, aggravated child
23pornography, indecent solicitation of a child, soliciting for a
24juvenile prostitute, juvenile pimping, exploitation of a
25child, or promoting juvenile prostitution except for keeping a
26place of juvenile prostitution may be commenced within one year

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1of the victim attaining the age of 18 years. However, in no
2such case shall the time period for prosecution expire sooner
3than 3 years after the commission of the offense. When the
4victim is under 18 years of age, a prosecution for criminal
5sexual abuse may be commenced within one year of the victim
6attaining the age of 18 years. However, in no such case shall
7the time period for prosecution expire sooner than 3 years
8after the commission of the offense.
9 (e) Except as otherwise provided in subdivision (j), a
10prosecution for any offense involving sexual conduct or sexual
11penetration, as defined in Section 11-0.1 of this Code, where
12the defendant was within a professional or fiduciary
13relationship or a purported professional or fiduciary
14relationship with the victim at the time of the commission of
15the offense may be commenced within one year after the
16discovery of the offense by the victim.
17 (f) A prosecution for any offense set forth in Section 44
18of the "Environmental Protection Act", approved June 29, 1970,
19as amended, may be commenced within 5 years after the discovery
20of such an offense by a person or agency having the legal duty
21to report the offense or in the absence of such discovery,
22within 5 years after the proper prosecuting officer becomes
23aware of the offense.
24 (f-5) A prosecution for any offense set forth in Section
2516-30 of this Code may be commenced within 5 years after the
26discovery of the offense by the victim of that offense.

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1 (g) (Blank).
2 (h) (Blank).
3 (i) Except as otherwise provided in subdivision (j), a
4prosecution for criminal sexual assault, aggravated criminal
5sexual assault, or aggravated criminal sexual abuse may be
6commenced within 10 years of the commission of the offense if
7the victim reported the offense to law enforcement authorities
8within 3 years after the commission of the offense.
9 Nothing in this subdivision (i) shall be construed to
10shorten a period within which a prosecution must be commenced
11under any other provision of this Section.
12 (i-5) A prosecution for armed robbery, home invasion,
13kidnapping, or aggravated kidnaping may be commenced within 10
14years of the commission of the offense if it arises out of the
15same course of conduct and meets the criteria under one of the
16offenses in subsection (i) of this Section.
17 (j) (1) When the victim is under 18 years of age at the
18time of the offense, a prosecution for criminal sexual assault,
19aggravated criminal sexual assault, predatory criminal sexual
20assault of a child, aggravated criminal sexual abuse, or felony
21criminal sexual abuse may be commenced at any time when
22corroborating physical evidence is available or an individual
23who is required to report an alleged or suspected commission of
24any of these offenses under the Abused and Neglected Child
25Reporting Act fails to do so.
26 (2) In circumstances other than as described in paragraph

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1(1) of this subsection (j), when the victim is under 18 years
2of age at the time of the offense, a prosecution for criminal
3sexual assault, aggravated criminal sexual assault, predatory
4criminal sexual assault of a child, aggravated criminal sexual
5abuse, or felony criminal sexual abuse, or a prosecution for
6failure of a person who is required to report an alleged or
7suspected commission of any of these offenses under the Abused
8and Neglected Child Reporting Act may be commenced within 20
9years after the child victim attains 18 years of age.
10 (3) When the victim is under 18 years of age at the time of
11the offense, a prosecution for misdemeanor criminal sexual
12abuse may be commenced within 10 years after the child victim
13attains 18 years of age.
14 (4) Nothing in this subdivision (j) shall be construed to
15shorten a period within which a prosecution must be commenced
16under any other provision of this Section.
17 (j-5) A prosecution for armed robbery, home invasion,
18kidnapping, or aggravated kidnaping may be commenced at any
19time if it arises out of the same course of conduct and meets
20the criteria under one of the offenses in subsection (j) of
21this Section.
22 (k) (Blank).
23 (l) A prosecution for any offense set forth in Section 26-4
24of this Code may be commenced within one year after the
25discovery of the offense by the victim of that offense.
26 (m) The prosecution shall not be required to prove at trial

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1facts which extend the general limitations in Section 3-5 of
2this Code when the facts supporting extension of the period of
3general limitations are properly pled in the charging document.
4Any challenge relating to the extension of the general
5limitations period as defined in this Section shall be
6exclusively conducted under Section 114-1 of the Code of
7Criminal Procedure of 1963.
8(Source: P.A. 98-293, eff. 1-1-14; 98-379, eff. 1-1-14; 98-756,
9eff. 7-16-14; 99-234, eff. 8-3-15; 99-820, eff. 8-15-16.)
10 (720 ILCS 5/3-7) (from Ch. 38, par. 3-7)
11 Sec. 3-7. Periods excluded from limitation.
12 (a) The period within which a prosecution must be commenced
13does not include any period in which:
14 (1) the defendant is not usually and publicly resident
15 within this State; or
16 (2) the defendant is a public officer and the offense
17 charged is theft of public funds while in public office; or
18 (3) a prosecution is pending against the defendant for
19 the same conduct, even if the indictment or information
20 which commences the prosecution is quashed or the
21 proceedings thereon are set aside, or are reversed on
22 appeal; or
23 (4) a proceeding or an appeal from a proceeding
24 relating to the quashing or enforcement of a Grand Jury
25 subpoena issued in connection with an investigation of a

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1 violation of a criminal law of this State is pending.
2 However, the period within which a prosecution must be
3 commenced includes any period in which the State brings a
4 proceeding or an appeal from a proceeding specified in this
5 paragraph (4); or
6 (5) a material witness is placed on active military
7 duty or leave. In this paragraph (5), "material witness"
8 includes, but is not limited to, the arresting officer,
9 occurrence witness, or the alleged victim of the offense;
10 or
11 (6) the victim of unlawful force or threat of imminent
12 bodily harm to obtain information or a confession is
13 incarcerated, and the victim's incarceration, in whole or
14 in part, is a consequence of the unlawful force or threats;
15 or
16 (7) the sexual assault evidence is collected and
17 submitted to the Department of State Police until the
18 completion of the analysis of the submitted evidence.
19 (a-5) The prosecution shall not be required to prove at
20trial facts establishing periods excluded from the general
21limitations in Section 3-5 of this Code when the facts
22supporting periods being excluded from the general limitations
23are properly pled in the charging document. Any challenge
24relating to periods of exclusion as defined in this Section
25shall be exclusively conducted under Section 114-1 of the Code
26of Criminal Procedure of 1963.

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1 (b) For the purposes of this Section:
2 "Completion of the analysis of the submitted evidence"
3 means analysis of the collected evidence and conducting of
4 laboratory tests and the comparison of the collected
5 evidence with the genetic marker grouping analysis
6 information maintained by the Department of State Police
7 under Section 5-4-3 of the Unified Code of Corrections and
8 with the information contained in the Federal Bureau of
9 Investigation's National DNA database.
10 "Sexual assault" has the meaning ascribed to it in
11 Section 1a of the Sexual Assault Survivors Emergency
12 Treatment Act.
13 "Sexual assault evidence" has the meaning ascribed to
14 it in Section 5 of the Sexual Assault Evidence Submission
15 Act.
16(Source: P.A. 99-252, eff. 1-1-16.)
17 Section 10. The Code of Criminal Procedure of 1963 is
18amended by changing Section 114-1 as follows:
19 (725 ILCS 5/114-1) (from Ch. 38, par. 114-1)
20 Sec. 114-1. Motion to dismiss charge.
21 (a) Upon the written motion of the defendant made prior to
22trial before or after a plea has been entered the court may
23dismiss the indictment, information or complaint upon any of
24the following grounds:

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1 (1) The defendant has not been placed on trial in
2 compliance with Section 103-5 of this Code.
3 (2) The prosecution of the offense is barred by
4 Sections 3-3 through 3-8 of the Criminal Code of 2012.
5 (3) The defendant has received immunity from
6 prosecution for the offense charged.
7 (4) The indictment was returned by a Grand Jury which
8 was improperly selected and which results in substantial
9 injustice to the defendant.
10 (5) The indictment was returned by a Grand Jury which
11 acted contrary to Article 112 of this Code and which
12 results in substantial injustice to the defendant.
13 (6) The court in which the charge has been filed does
14 not have jurisdiction.
15 (7) The county is an improper place of trial.
16 (8) The charge does not state an offense.
17 (9) The indictment is based solely upon the testimony
18 of an incompetent witness.
19 (10) The defendant is misnamed in the charge and the
20 misnomer results in substantial injustice to the
21 defendant.
22 (11) The requirements of Section 109-3.1 have not been
23 complied with.
24 (b) The court shall require any motion to dismiss to be
25filed within a reasonable time after the defendant has been
26arraigned. Any motion not filed within such time or an

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1extension thereof shall not be considered by the court and the
2grounds therefor, except as to subsections (a)(6) and (a)(8) of
3this Section, are waived.
4 (c) If the motion presents only an issue of law the court
5shall determine it without the necessity of further pleadings.
6If the motion alleges facts not of record in the case the State
7shall file an answer admitting or denying each of the factual
8allegations of the motion.
9 (d) When an issue of fact is presented by a motion to
10dismiss and the answer of the State the court shall conduct a
11hearing and determine the issues.
12 (d-5) When a defendant seeks dismissal of the charge upon
13the ground set forth in subsection (a)(7) of this Section, the
14defendant shall make a prima facie showing that the county is
15an improper place of trial. Upon such showing, the State shall
16have the burden of proving, by a preponderance of the evidence,
17that the county is the proper place of trial.
18 (d-6) When a defendant seeks dismissal of the charge upon
19the grounds set forth in subsection (a)(2) of this Section, the
20prosecution shall have the burden of proving, by a
21preponderance of the evidence, that the prosecution of the
22offense is not barred by Sections 3-3 through 3-8 of the
23Criminal Code of 2012.
24 (e) Dismissal of the charge upon the grounds set forth in
25subsections (a)(4) through (a)(11) of this Section shall not
26prevent the return of a new indictment or the filing of a new

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1charge, and upon such dismissal the court may order that the
2defendant be held in custody or, if the defendant had been
3previously released on bail, that the bail be continued for a
4specified time pending the return of a new indictment or the
5filing of a new charge.
6 (f) If the court determines that the motion to dismiss
7based upon the grounds set forth in subsections (a)(6) and
8(a)(7) is well founded it may, instead of dismissal, order the
9cause transferred to a court of competent jurisdiction or to a
10proper place of trial.
11(Source: P.A. 97-1150, eff. 1-25-13.)
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